Prosecution Insights
Last updated: April 19, 2026
Application No. 18/387,707

SEMICONDUCTOR PACKAGE AND METHOD OF FABRICATING THE SAME

Non-Final OA §103
Filed
Nov 07, 2023
Examiner
HALL, VICTORIA KATHLEEN
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Electronics Co., Ltd.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
678 granted / 811 resolved
+15.6% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
35 currently pending
Career history
846
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
38.7%
-1.3% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
31.8%
-8.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 811 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Specification The disclosure is objected to because of the following informalities: Page 38, paragraph 142, line 2: Add a period after 900. Page 43, paragraph 158, first line of the page: Change “am” to “an”. Appropriate correction is required. Claim Objections Claim 17 is objected to because of the following informalities: Claim 17, line 6: Change “surfaces” to “surface”. Appropriate correction is required. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-6, 10, 11, 14-17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Jin, U.S. Pat. Pub. No. 2023/0010936, Figures 5-6B and 1-3 and further in view of Lee, U.S. Pat. Pub. No. 2016/0155686, Figures 1C, 2C. PNG media_image1.png 469 662 media_image1.png Greyscale PNG media_image2.png 337 674 media_image2.png Greyscale PNG media_image3.png 607 636 media_image3.png Greyscale Lee Figures 1C, 2C: PNG media_image4.png 286 620 media_image4.png Greyscale Regarding claim 1: Jin Figures 5-6B disclose a semiconductor package, comprising: a first structure (upper middle chip (300)); and a second structure (lower middle chip (300)), wherein the first structure (upper middle chip (300)) comprises: a first semiconductor substrate that (310) has an active surface (319) on which a first semiconductor device is configured to be provided, and an inactive surface (317) opposite to the active surface (319); a first through via (330) that vertically penetrates the first semiconductor substrate (310) and protrudes from the inactive surface (317) of the first semiconductor substrate (310); a first protection layer (320, corresponding to pad insulating layer (120) in Jin Figures 1-3, Jin specification ¶ 68) that covers the inactive surface (317) of the first semiconductor substrate (310) and surrounds the first through via (330); and a first pad (340) that penetrates at least a portion of the first protection layer (320) and is coupled to the first through via (330), wherein the first protection layer (320) comprises: a first dielectric layer (321, corresponding to first insulating layer (121) in Jin Figures 1-3, id.) that is on the inactive surface (317) of the first semiconductor substrate (310); a second dielectric layer (325, corresponding to third insulating layer (125) in Jin Figures 1-3, id.) on the first dielectric layer (321); and a silicon nitride insulating layer (323, corresponding to second insulating layer (123) in Jin Figures 1-3, id.) between the first dielectric layer (321) and the second dielectric layer (325) and in contact with a lateral surface of the first pad (340), wherein the second structure (lower middle chip (300)) comprises a second pad (371), wherein the first structure (upper middle chip (300)) and the second structure (lower middle chip (300)) are bonded to each other, and wherein the first pad (340) and the second pad (371) are in contact with each other. Jin specification ¶¶ 64-73, 24-49. Jin does not disclose that the a first protection layer that covers the inactive surface of the first semiconductor substrate and buries the first through via. Jin also does not disclose that the silicon nitride insulating layer is an etch stop layer. Lee Figures 1C and 2C, directed to similar subject matter, discloses a first structure (10C) comprises: a first semiconductor substrate (11) that has an active surface (S1) on which a first semiconductor device (15) is configured to be provided, and an inactive surface (S2) opposite to the active surface (S1); a first through via (50) that vertically penetrates the first semiconductor substrate (11) and protrudes from the inactive surface (S2) of the first semiconductor substrate (11); a first protection layer (71, 72, 73, 74: 75, 76) that covers the inactive surface (S2) of the first semiconductor substrate (11) and buries the first through via (50); and a first pad (90) that penetrates at least a portion of the first protection layer (71, 72, 73, 74: 75, 76) and is coupled to the first through via (50), wherein the first protection layer (71, 72, 73, 74: 75, 76) comprises: a first dielectric layer (71) that is on the inactive surface (S2) of the first semiconductor substrate (11); a second dielectric layer (73) on the first dielectric layer (71); and an etch stop layer (72) (made of silicon nitride, Lee specification ¶ 64) between the first dielectric layer (71) and the second dielectric layer (73) and in contact with a lateral surface of the first pad (90). Lee specification ¶¶ 41-44, 60-65. One having ordinary skill in the art at a time before the effective filing date would be motivated to modify Jin to include the Lee design because the modification would have involved the substitution of an equivalent known for the same purpose. Regarding claim 2, which depends from claim 1: The combination discloses wherein the etch stop layer (Lee 72) separates the first dielectric layer (Lee 71) from the second dielectric layer (Lee 73). See Lee Figure 1C, 2C. Regarding claim 3, which depends from claim 1: The combination discloses a distance from the etch stop layer (Lee 72) to the first semiconductor substrate (Lee 11) is greater than a distance from a bottom surface of the first pad (Lee 90) to the first semiconductor substrate (Lee 11). See id. Regarding claim 4, which depends from claim 1: The combination discloses the first through via (Lee 50) vertically penetrates at least a portion of the first dielectric layer (Lee 71), and wherein the first pad (Lee 90) vertically penetrates the second dielectric layer (Lee 73) and the etch stop layer (Lee 72). See id. Regarding claim 5, which depends from claim 1: The combination discloses a distance between a contact interface, between the first through via (Lee 50) and the first pad (Lee 90), and the first semiconductor substrate (Lee 11) is smaller than a distance between a top surface of the first dielectric layer (Lee 71) and the first semiconductor substrate (Lee 11). PNG media_image5.png 261 359 media_image5.png Greyscale Regarding claim 6, which depends from claim 1: The combination discloses the first through via (50) comprises: a conductive layer (53) that has a pillar shape; and a via barrier layer (52) that surrounds a circumferential surface of the conductive layer (53), and wherein the first pad (90) is in contact with a top surface of the conductive layer (53) and a top surface of the via barrier layer (52). See Lee Figure 2C; Lee specification ¶ 61. See also Jin Figures 1-3. Regarding claim 10, which depends from claim 1: The combination discloses a top surface of the first pad (340) and a top surface of the first protection layer (320) are flat. See Jin Figure 6B (Jin Figure 1, upside down); Jin specification ¶¶ 45, 55, 61. Regarding claim 11, which depends from claim 1: The combination discloses the first dielectric layer (Jin 121) and the second dielectric layer (Jin 123) comprise silicon oxide (SiO), and wherein the etch stop layer (Jin 122) comprises silicon nitride (SiN). Jin specification ¶ 31. Regarding claim 14: Jin Figures 5, 6A, 6B and 1-3 disclose a semiconductor package (1000), comprising: a substrate (200); semiconductor chips (300) on the substrate (200); and a molding layer (810) on the substrate (200), the molding layer (810) surrounding the semiconductor chips (300), wherein each of the semiconductor chips (300) comprises: a semiconductor substrate (310); first pads (371) on an active surface (319) of the semiconductor substrate (310); a dielectric pattern (373) that surrounds the first pads (371) and exposes one surface of the first pads (371); second pads (340) on an inactive surface (317) of the semiconductor substrate (310); a protection layer (320) that surrounds the second pads (340) and exposes one surface of the second pads (340); and through vias (330) that vertically penetrate the semiconductor substrate (310) and are connected to the second pads (340), wherein the protection layer (320) comprises a first dielectric layer (321, corresponding to first insulating layer (121) in Jin Figures 1-3, Jin specification ¶ 68), a silicon nitride layer (323, corresponding to second insulating layer (123) in Jin Figures 1-3, id.), and a second dielectric layer (325, corresponding to third insulating layer (125) in Jin Figures 1-3, id.) that are sequentially stacked, the first dielectric layer (321) and the second dielectric layer (325) being spaced apart from each other across the silicon nitride layer (323), and wherein one of the semiconductor chips (300) is directly bonded to another one of the semiconductor chips (300), and the first pads (371) of the one of the semiconductor chips (300) are in contact with the second pads (340) of the other one of the semiconductor chips (300). Jin specification ¶¶ 64-73, 24-49. Jin does not disclose an etch stop layer, wherein a distance from the etch stop layer to the semiconductor substrate is greater than a distance from bottom surfaces of the second pads to the semiconductor substrate. Lee Figures 1C and 2C disclose a semiconductor chip (10C) comprising a semiconductor substrate (11); a first pad (85) on an active surface (S1) of the semiconductor substrate (11); a dielectric pattern (61, 62, 63) that surrounds the first pad (85) and exposes one surface of the first pad (85); a second pad (90) on an inactive surface (S2) of the semiconductor substrate (11); a protection layer (71, 72, 73, 74: 75, 76) that surrounds the second pad (90) and exposes one surface of the second pad (90); and a through via (50) that vertically penetrates the semiconductor substrate (11) and is connected to the second pad (90), wherein the protection layer (71, 72, 73, 74: 75, 76) comprises a first dielectric layer (71), an etch stop layer (72) (made of silicon nitride, Lee specification ¶ 64), and a second dielectric layer (73) that are sequentially stacked, the first dielectric layer (71) and the second dielectric layer (73) being spaced apart from each other across the etch stop layer (72), wherein a distance from the etch stop layer (72) to the semiconductor substrate (11) is greater than a distance from bottom surface of the second pad (90) to the semiconductor substrate (11). Lee specification ¶¶ 41-44, 60-65. One having ordinary skill in the art at a time before the effective filing date would be motivated to modify Jin to include the Lee design because the modification would have involved the substitution of an equivalent known for the same purpose. Regarding claim 15, which depends from claim 14: The combination discloses the etch stop layer (Lee 72) is in contact with lateral surfaces of the second pads (Lee 90; Jin 340). See Lee Figure 2C. Regarding claim 16, which depends from claim 14: The combination discloses the through vias (50) vertically penetrate at least a portion of the first dielectric layer (71), wherein the second pads (90) vertically penetrate the second dielectric layer (73) and the etch stop layer (73), and wherein a distance between a contact interface, between one of the through vias (50) and one of the second pads (90), and the semiconductor substrate (11) is smaller than a distance between a top surface of the first dielectric layer (71) and the semiconductor substrate (11). PNG media_image5.png 261 359 media_image5.png Greyscale Regarding claim 17, which depends from claim 14: The combination discloses each of the through vias (50) comprises: a conductive layer (53) that has a pillar shape; and a via barrier layer (52) that surrounds a circumferential surface of the conductive layer (53), wherein one of the second pads (90) is in contact with a top surface of the conductive layer (53) and a top surface of the via barrier layer (52). See Lee Figure 2C; Lee specification ¶ 61. See also Jin Figures 1-3. Regarding claim 21, which depends from claim 14: The combination discloses top surfaces of the second pads (340) and a top surface of the protection layer (320) are flat. See Jin Figure 6B (Jin Figure 1, upside down); Jin specification ¶¶ 45, 55, 61. Claims 7-9, 18-20, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Jin, and further in view of Lee and Naik, U.S. Pat. Pub. No. 2008/0102638, Figures 1, 3A. PNG media_image6.png 405 435 media_image6.png Greyscale Regarding claim 7, which depends from claim 1: The combination does not disclose that the first protection layer further comprises a liner layer that covers a bottom surface of the first dielectric layer that faces towards the first semiconductor substrate, wherein the liner layer extends from between the first semiconductor substrate and the first dielectric layer to between a lateral surface of the through via and the first dielectric layer. Naik Figures 1 and 3A disclose a first protection layer that comprises a liner layer (130) that covers the bottom surface of the first dielectric layer (first dielectric layer is the lower dielectric layer in stack (150) that comprises two dielectric layers with an etch stop layer between them) that faces towards the first semiconductor substrate (100). Naik specification ¶¶ 7-9, 41, 50-52. One having ordinary skill in the art at a time before effective filing date would be motivated to modify the combination to use the Naik liner layer because the modification would protect the substrate. Once combined, the combination discloses that wherein the liner layer extends from between the first semiconductor substrate and the first dielectric layer to between a lateral surface of the through via and the first dielectric layer, because this layer would be under the deposited first dielectric layer (121), which is deposited conformally over the through via (130). See Jin Figure 1. Regarding claim 8, which depends from claim 7: The combination discloses an end of the liner layer extends along the lateral surface of the through via and contacts a bottom surface of the first pad, because the liner layer would be under the deposited first dielectric layer (121), which is deposited conformally over the through via (130). See id. Regarding claim 9, which depends from claim 1: The combination does not disclose the first protection layer further comprises a polish stop layer that covers a top surface of the second dielectric layer that faces away from the first semiconductor substrate, wherein a top surface of the polish stop layer is coplanar with a top surface of the first pad. Naik Figures 1 and 3A disclose a first protection layer that comprises a polish stop layer (122) that covers a top surface of the second dielectric layer (second dielectric layer is the upper dielectric layer in stack (150) that comprises two dielectric layers with an etch stop layer between them) that faces away from the first semiconductor substrate (100). Naik specification ¶¶ 7-9, 41, 50-52. One having ordinary skill in the art at a time before effective filing date would be motivated to modify the combination to use the Naik polish stop layer because the modification would protect the lower dielectric layers during a polishing step. Once combined, the combination discloses a top surface of the polish stop layer is coplanar with a top surface of the first pad because Jin is designed such that the first protection layer is coplanar with the first pad. See Jin Figure 6B. See also Jin specification ¶¶ 45, 55, 61. Regarding claim 18, which depends from claim 14: The combination does not disclose that the protection layer further comprises a liner layer that covers a bottom surface of the first dielectric layer that faces towards the semiconductor substrate, wherein the liner layer extends from between the semiconductor substrate and the first dielectric layer to between a lateral surface of one of the through vias and the first dielectric layer. Naik Figures 1 and 3A disclose a protection layer that comprises a liner layer (130) that covers the bottom surface of the first dielectric layer (first dielectric layer is the lower dielectric layer in stack (150) that comprises two dielectric layers with an etch stop layer between them) that faces towards the semiconductor substrate (100). Naik specification ¶¶ 7-9, 41, 50-52. One having ordinary skill in the art at a time before effective filing date would be motivated to modify the combination to use the Naik liner layer because the modification would protect the substrate. Once combined, the combination discloses that the liner layer extends from between the semiconductor substrate and the first dielectric layer to between a lateral surface of the through vias and the first dielectric layer, because this layer would be under the deposited first dielectric layer (121), which is deposited conformally over the through via (130). See Jin Figure 1. Regarding claim 19, which depends from claim 18: The combination discloses an end of the liner layer extends along the lateral surface of one of the through via and contacts a bottom surface of one of the second pads, because the liner layer would be under the deposited first dielectric layer (121), which is deposited conformally over the through via (130). See id. Regarding claim 20, which depends from claim 14: The combination does not disclose the protection layer further comprises a polish stop layer that covers a top surface of the second dielectric layer that faces away from the semiconductor substrate, wherein a top surface of the polish stop layer is coplanar with top surfaces of the second pads. Naik Figures 1 and 3A disclose a protection layer that comprises a polish stop layer (122) that covers a top surface of the second dielectric layer (second dielectric layer is the upper dielectric layer in stack (150) that comprises two dielectric layers with an etch stop layer between them) that faces away from the semiconductor substrate (100). Naik specification ¶¶ 7-9, 41, 50-52. One having ordinary skill in the art at a time before effective filing date would be motivated to modify the combination to use the Naik polish stop layer because the modification would protect the lower dielectric layers during a polishing step. Once combined, the combination discloses a top surface of the polish stop layer is coplanar with a top surface of one of the second pads because Jin is designed such that the protection layer is coplanar with the second pad. See Jin Figure 6B. See also Jin specification ¶¶ 45, 55, 61. Regarding claim 24: Jin Figures 5-6B and 1-3 disclose a semiconductor package (1000), comprising: a substrate (200); semiconductor chips (300) stacked on the substrate (200); and a molding layer (810) on the substrate (200), the molding layer (810) surrounding the semiconductor chips (300), wherein each of the semiconductor chips (300) comprises: a semiconductor substrate (310); first pads on an active surface (319) of the semiconductor substrate (300); a dielectric pattern (373) that surrounds the first pads (371) and exposes one surface of the first pads (371); a protection layer (320) that is on an inactive surface (317) of the semiconductor substrate (310) and comprises a first dielectric layer (321, corresponding to first insulating layer (121) in Jin Figures 1-3, Jin specification ¶ 68), a silicon nitride insulating layer (323, corresponding to second insulating layer (123) in Jin Figures 1-3, id.), a second dielectric layer (325, corresponding to third insulating layer (125) in Jin Figures 1-3, id.); second pads (340) that are in the protection layer (320) and have one surface exposed by the protection layer (320); and through vias (330) that vertically penetrate the semiconductor substrate (310) and are connected to the second pads (340), wherein the silicon nitride layer (323) is in contact with the second pads (340), and wherein one of the semiconductor chips (310) is directly bonded to another one of the semiconductor chips (310), and the first pads (371) of the one of the semiconductor chips (300) are in contact with the second pads (340) of the other one of the semiconductor chips (300). Jin specification ¶¶ 64-73, 24-49. Jin does not disclose that the silicon nitride insulating layer is an etch stop layer. Jin does not disclose a polish stop layer on the third insulating layer. Jin Figures 1C and 2C disclose a semiconductor chip (10C) comprising: a semiconductor substrate (11); a first pad (85) on an active surface (S1) of the semiconductor substrate (11); a dielectric pattern (61, 62, 63) that surrounds the first pad (85) and exposes one surface of the first pad (85); a protection layer (71, 72, 73, 74: 75, 76) that is on an inactive surface (S2) of the semiconductor substrate (11) and comprises a first dielectric layer (71), an etch stop layer (72) (made of silicon nitride, Lee specification ¶ 64), a second dielectric layer (73); a second pad (90) that is in the protection layer (71, 72, 73, 74: 75, 76) and has one surface exposed by the protection layer (71, 72, 73, 74: 75, 76); and through vias (50) that vertically penetrate the semiconductor substrate (11) and are connected to the second pad (90), wherein the etch stop layer (72) is in contact with the second pad (90). Lee specification ¶¶ 41-44, 60-65. One having ordinary skill in the art at a time before the effective filing date would be motivated to modify Jin to include the Lee design because the modification would have involved the substitution of an equivalent known for the same purpose. Naik Figures 1 and 3A disclose a first protection layer that comprises a polish stop layer (122) that covers a top surface of the second dielectric layer (second dielectric layer is the upper dielectric layer in stack (150) that comprises two dielectric layers with an etch stop layer between them) that faces away from the first semiconductor substrate (100). Naik specification ¶¶ 7-9, 41, 50-52. One having ordinary skill in the art at a time before effective filing date would be motivated to modify the combination to use the Naik polish stop layer because the modification would protect the lower dielectric layers during a polishing step. Once combined, the combination discloses a protection layer that is on an inactive surface of the semiconductor substrate and comprises a first dielectric layer, an etch stop layer, a second dielectric layer, and a polish stop layer that are sequentially stacked. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA KATHLEEN HALL whose telephone number is (571)270-7567. The examiner can normally be reached Monday-Friday, 8 a.m.-5 p.m. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fernando Toledo can be reached at 571-272-1867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Victoria K. Hall/Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Nov 07, 2023
Application Filed
Jan 02, 2026
Non-Final Rejection — §103
Mar 03, 2026
Examiner Interview Summary
Mar 03, 2026
Applicant Interview (Telephonic)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12604682
METHODS FOR PATTERNING A SEMICONDUCTOR SUBSTRATE USING METALATE SALT IONIC LIQUID CRYSTALS
2y 5m to grant Granted Apr 14, 2026
Patent 12588559
DISPLAY PANEL, TILED DISPLAY DEVICE INCLUDING THE SAME, AND MANUFACTURING METHOD THEREOF
2y 5m to grant Granted Mar 24, 2026
Patent 12575400
POWER PLANES AND PASS-THROUGH VIAS
2y 5m to grant Granted Mar 10, 2026
Patent 12557503
Display Substrate and Preparation Method Therefor, and Display Apparatus
2y 5m to grant Granted Feb 17, 2026
Patent 12557508
LIGHT-EMITTING DEVICE, DISPLAY DEVICE, IMAGING DEVICE, ELECTRONIC DEVICE, AND METHOD FOR PRODUCING LIGHT-EMITTING DEVICE
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+19.1%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 811 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month